KRISHAN KUMAR Vs. CHANDER PAL

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby the claim petition was dismissed.

(2.) ACCIDENT dated 31.1.1995 resulted in injuries to the appellant. On 31.1.1995 at about 1.40 p.m., the appellant was driving his two-wheeler scooter and when he reached Prem Piao and Nangal turn near Delhi Police Line on Kanjhawala Road, Delhi, he met with an accident with truck bearing No. H 26-6155 coming from the opposite side. The appellant filed the claim petition against the driver, owner and the insurance company of the truck.

(3.) THE driver of the truck appeared in the witness-box as RW 1 and took a contradictory stand. RW 1 deposed that a D.T.C. bus was coming from the opposite direction and the appellant overtook the D.T.C. bus and on seeing the truck, he applied sudden brakes which resulted in skidding of the scooter due to which he fell down and sustained injuries. It was further stated that no injuries were caused by the truck. Paras 5 to 10 of the evidence of respondent No. 1 are reproduced herein: